I 


INSTRUCTIONS 


FOR 


COURTS-MARTIAL 


AND 


JUDGE   ADVOCATES. 


PREPARED  BY 


Major  THOMAS    F.    BARR, 
Judge  Advocate,   U.  S.  A. 


SAINT    I'M   I..    MINN-: 

HEADQUARTERS  DEPARTMENT  &B   DAKOTA, 

DBOEMBBK   1.'',   1ST9. 


6 

j 

Ac 


IWl-£(> 


HEADQUARTERS  DEPARTMENT  OF  DAKOTA, 

Saint  Paul,  Minn.,  December  15,  1879. 
Cihculah: 

The  following  formulas  for  the  record  of  proceedings  of  General 
Courts-Martial,  and  of  Garrison  Courts,  and  Instructions  for  Courts 
and  Judge  Advocates,  are  published  for  the  information  and  guidance 
of  officers  serving  in  this  Department: 

Page  1.  Case  1. 

Proceedings  of  a  General  Court-Martial  which  convened  at 

pursuant  to  the  following  order : 


HEADQUARTERS  DEPARTMENT  OF  DAKOTA, 

18... 

SrECIAT,  Okoers  I 
No S 

A  General  Court-Martial  is  hereby  appointed  to  convene  at  Fort 

Snelling,  Minn.,  on the of 

at  in  o'clock  a.  m\,  or  as  soon  thereafter  as  practicable,  for  the  trial 
of  such  persons  as  may  be  brought  before  it  by  authority  from  these 
Headquarters. 

Detail  for  the  Coukt. 

1.  Colonel U.  S.  Infantry, 

2.  Major U.  S.  Cavalry, 

3.  Major U.  S.  Cavalry, 

4.  Captain U.  S.  Infantry, 

5.  Captain U.  S.  Cavalry, 

6.  Captain U.  S.  Infantry, 

7.  Assistant  Surgeon U.  S.  Army, 

8.  First  Lieutenant V.  S.  Infantry, 

First  Lieutenant U.  S.  ( 'avalry, 

is  appointed  Judge  Advocate  of  the  Court. 


No  other  officers  than  those  named  can  he  assemhled  without  man- 
ifest injury  to  the  service. 

By  Okder  of  Brigadier  General  Terry: 

Commanding  the  Department. 


i 


GEO.   ]).   iuoolks, 
.<'.:,..  .  .        Assistant  Adjutant  General. 

FORT  SNELLING,  MINN. 


> 


: is..: 


The  Court  met,  pursuant  to. the  foregoing  order,  at  10  o'clock  a. *l 
'      Pkesknt: 

1.  Colonel :..../ IT.  &  Infantry, 

2.  Major U.  S.  Cavalry, 

3.  Major U.S.  Cavalry, 

4.  ,  "Captain .. U:  !S.  Iwfantry, 

5.  Captain U.  S.  Cavalry, 

6.  Captain..-.'.".... v.. ...... .. -...-..IT.  S.  Infantry, 

7.  Assistant  Surgeon U.  S.  Army,  « 

First  Lieutenant V.  S.  Cavalry, 

Judge  Advocate.  ;.- .;-,.  , 

Absent  r 

1.     First  Lieutenant U.  S.  Infantry. 

(Here  set  forth  tin  cause  of  absence  "fan//  absent  meiriber,  ifthesamts 
Is  known.  It  is  the  duty  of.  cj.  Judge  Advocate  to  ascertain  if  possible, 
the  cause  of  absence  and  record  it,  and  in  cases  >>/  sickness,  medical 

,-,  rtijiriiLs  in '/st  />,  fur'niahed'by  tin  abs\  rit  mania  H\  Und  dppi  tided  to  the 

record.) 

'      •  ■      •                     ...              i • t • • 
The  Court  then  proceeded  to  the  trial  of » 

Regiment,  U.  IS.  Infantry,  who  thereupon  came  before  t lie  Court, 
and  having  heard  the  order  appointing  it  read,  was  asked  if  be  had 
any  olijeclion  to  any  member  present,  named  in  the  order;  to  which 
lie  replied  in  the  negative,  (or)  the  accused  submitted  the  following 

objection  to ~. .  , 

(Here  insert  tlie  objection.) 


3 

r  The  challenged  member  stated  that : 

{Tfere  insert  the  statement  of  the  challenged  member,  who  should  always 
be  required  to  respond  to  the  challenge  and  inform  the  Court  uponHts 
merits. ) 

The  Court  was  thereupon  closed,  the  challenged  member  and  the- 
accused  retiring,  and,  after  due  deliberation,  the  Court  having  re- 
opened, I  be  challenged  member  and  the  accused  resumed  their  seats; 
when  the  decision  of  tbe  Court  was  announced  by  the  Judge  Advocate, 
that  the  objection  of  the  accused  is  sustained,  and  (here  insert  chal- 
lenged member's  name  ami  rank,)  is  therefore  excused  from  serving  as 
a  member  of  the  Court  in  this  case;  (»/■)  that  the" objection  of  the 
accused  is  over-ruled. 

(Objection  can  only  be  ttrr/cd  1<>  one  member  at  a  time,  and  a  record  as 
above  mvst  be  made  in  each  instance.  If  the  person  on  trial  has  no 
farther  objection  to  offer,  the  record  will  continue  as  ft  dimes :) 

The  accused  having  no  further  objection  to  offer,  the  members  of^ 
the  Court  were  then  severally  duly  sworn  by  the  Judge  Advocate, 
and  t  lie. Judge  Advocate  was  then  duly  sworn  by  the  President  of 
the  Court  :  all  Of  wbich  oaths  were  administered  in  the  presence  of 
the  accused. 

(For  form  of  oaths  see  84£h  and  85th  Articles  of  War.) 

If  a  clerk  is  introduced,  the  following  form  of  oath  will  be  admin- 
istered to  him  by  the  Judge  Advocate:  * 

You,  A. —  15. — ,  do  swear  that  you  will  faithfully  perform  the 
duties  of  a  clerk  of  this  Court,  and  make  true  record  of  the  proceed- 
ings bad  in  the  cause  now  on  trial,  so  help  you  God. 

Tbe  record  will  state  as  follows: 

The  Judge  Advocate  bcrc  requested  authority  to  employ  a  citizen 
clerk  (or  permission  to  introduce  an  enlisted  man  as  Clerk  of  the 
Court,)  which  was  granted,  and  A.  15.  was  thereupon  duly  sworn  by 
t-lie  Judge  Advocate  to  faithfully  perform  the  duties  of  his  office,; 
which  oath  was  administered  in  presence  of  tbe  accused.  , 

Should  the  person  on  trial-desire  to  introduce  counsel,  he  should 

now  make  application,  and  the  record  will  continue  as  follows: 

. —  :* . * 

Note  -  a  citizen  olei  k  cam  onlj  !><■  employed  i>\  the  Judge  Advocate  by  order  ol 
tlic  (on;  t.  when  it  is  not  practicable  to  procure  tlw  services  pi  an  enlisted  man; 
such  employment  should  only  be  authorized  in  case's  of  importance,  ami  when  an 
extended  record  la  probable. 


The  accused  now  requested  permission  of  the  Court  to  introduce 
, ; ,  as  his  counsel,  which  request  was  granted. 

-  (If  any  deUty  in  the  trial  is  desired,  application  should  now  be  madef 
and  in  passing  upon  the  request,  the  Court  should  be  governed  by  para- 
graphs SS6  and  887,  Revised  Army  Regulations  of  1863.) 

.  The  accused  was  then  duly  arraigned  upon  the  following  charge 
and  specification : 

CHANGE. 


Specification .  — 

To  winch  the  accused  pleaded  as  follows : 

To  the  Specification,    "Guilty,"  (or)  "  Not  (iuilty." 
To  the  Charge,  "Guilty,"  (or)  "Not  Guilty." 

(Or  the  accused  may,  in  lieu  of  pleading  to  the  merits,  put  in  a  special 
plea  in  bar  of  trial,  to  (he  jurisdiction,  or  autrefois  convict,  or  other 
recognized  plea.  If  he  stands  mute  the  plea  of  not  guilty  should  be  entered 
on  the  record  with  a  statement  of  his  refusal  to  plead.) 

Captain of  the U.  S.  Infantry,  a 

witness  for  the  prosecution,  was  then  duly  sworn  hy  the  Judge  Advo- 
cate, and  testified  as  follows: 

(For  form  of  oath  see  92rf  Article  of  War.) 

Question,  hy  the  Judge  Advocate :  *  * 

Ansicer:  *  *  *  *  * 

#  *  *  *  *  * 

Cross-Examination. 
Question,  hy  accused :  *  *  * 

Answer:  *  *  *  *  * 

(If  the  accused  declines  ts>  cross-examine  the  witness,  it  should  so  appear 
on  (lie  record.  If  new  matter  has  been  elicited  in  (lie  cross-examina- 
tion, bearing  upon  the  issue  of  the  trial,  tlie  Judge  Advocate  will  re- 
examine the  witness,  should  the  facts  require  it.) 

(After  the  exnmination-in-chief,  the  cross-examination  and  re-exam- 
ination, (lie  Court  can  ask  such  questions  as  it  may  deem  necessary.  A 
question  by  a  member  of tlie  Court,  if  objected  to  and  rejected,  must  be 
recorded  as  "by  a  member.'1  If  not  objected  to  tlie  record  will  continue 
as  follows :) 


5 


. 


Question,  by  the  Court: 


*  * 


Answer:  *  *  *  * 

*  *  *  *  * 

( After  nil  the  testimony  for  the  prdsecution  lias  been  adduced,  the  record 
will  continue  as  follows.  The  testimony  of  the  witness  was  then  read  to 
him  by  the  Judge  Advocate,  (or  the  clerk),  and  pronounced  by  hi)ii  cor- 
rectly recorded :  * 

The  Judge  advocate  then  announced  that  the  prosecution  rested, 

The  Court  then  at. . .  .o'clock  p.  m.,  adjourned  to  meet  to-morrow 
at  10  o'clock  a.  M. 


1st  Lieutenant U.  8.  Cavalry, 

Jud"c  Advocate. 


*6* 


Second  Day. 
FORT  SNELLING,  MINK, 

18  ... 

The  Court  met,  pursuant  to  adjournment,  at  10  o'clock  A.  m. 

Phesent  : 

{Here  give  names,  rank,  dc,  of  member's  present  and  of  Judge  Advocate.) 

Absent  : 

(Names,  rank,  and  cause  of  absence.) 

The  accused  and his  counsel,  (and  clerk  of  Court,) 

also  present. 

The  proceedings  of  the instant  were  then  read  and  approved. 

Sergeant of  the U.  S.  Infantry,  a 

witness  for  the  defence,  was  then  duly  sworn  and  testified  as  follows  : 

Question,  by  the  accused  :  *  *  * 

Answer :  *  *  *  * 

*  *  *  *  * 

Ckoss-Examinatton. 
Question,  by  Judge  Advocate  :     *  *  * 

•Note.— This  course  should  be  pursued  and  record  made  at  the  close  of  the 
examination  of  each  witness. 


■ 
(5 

*:                                 <• 

-. 

Answer :                * 

* 

# 

♦                       * 

# 

* 

Questurnt  by  tbe  Court: 

# 

* 

^Ansicer:                  * 

* 

* 

-         #  ■                      # 

* 

# 

The  accused  having  no  further  testimony  to  offer,  made  the  follow-' 
ing  statement  in  his  defence,  (or)  submitted  a  written  statement  in 
ids  defence,  which  was  read  to  tho  Court  by. the  accused,  (or  by  the 
Judge  Advocate,)  and  is  hereto  annexed  marked  "A."* 

The  Judge  Advocate  replied  as  follows':      • 

(Here  insert  the  remarks  of  me  Judge  Advocate  if  verbal;  if  written, 
they  should  be  read  and  annexed,  q§  in  the  ease  of  the  defence,)  (or)  the 
Judge  Advocate  submitted  the  case  without  remark. 

The  Court  was  then  clearOd  and  closed  for  deliberation,  and  hav- 
ing maturely  considered  the  evidence  adduced,  finds  the  accused.  . . 
U.  S.  Infantry  : 

Of  the  Specification,    " Guilty,"  (or)  "Not  Guilty." 

Of  the  Charge,  '   "Guilty,"  (or)  "  Not  Guilty." 

And  the  Court  does  therefore  sentence  him, of 

.(: ..... .Regiment  U.  S.  Infantry,  to.  . , . .  . : , 

(or)  And  the  Court  does  therefo're  acquit  him, of 

Regiment  U.  S.  Infantry. 




.Colonel U.  S.  Infantry, 

President. 




1st  Lieutenant U.  S.  pavalry, 

Judge  Advocate. 
(  The  following  will  be  added  to  tlie,  record  of  the  last  ease  brought  before 
the  Court.) 


»Note. — The  statement  of  the  accused,  when  in  writing  or  argument  in  liis  de- 
fence, and  all  pleas  in  bar  of  trial  or  abatement,  should  be  signed  bj  himself  anJ 
appended  to  the  record,' and  referred  to  in  the  proceedings  as  haying  been  sub- 
mitted by  him,  whether  he  is  defended  by  counsel  or  not. 


There  being  no  further  business  before  it,  the  Court  then,  at. 
o'clock m.,  adjourned  sine  dte. 


•••••  Colonel U.  S.  Infantry, 

■  President. 

v .  -  1 

1st  Lieutenant U.S.  Cavalry,  j 

Judge  Advocate. 

(.1  space  of  at  le  vst  tpo  p  ig<*  skoyld  be  left  at  pie  close  of  each  record, 
for  the  demion  and  orders  of  tin  reviewing  authority.  All  Exhibit*  and 
tlie  recommendation  of  the  Court,  if  any  is  made,  should  be  appealed 
afi  r  {he  s#aa  left  for  recording  tjn:  action  ofjfie  rqtm  icing  affilwrity.) 

The  proceedings  should  be  recorded  on  Legal  Cap  ]>aper,  each 
record  folded  in  four  folds,  and  endorsed  on  the  hist  fold  as  follows; 

iin  ii   i      >ii^^^-^^-^j-_^_m^JTt^  ^■iii.    jJiaiyw 

FORT'SNELUXG.jriXX.,  '        \ 


■ 


In.    .    . 

;•;  ..-       .  .i 

Proceedings   of  .a  General.  Court-martial, 

appointed  by  Special  Orders  Xo , 

dated  Headquarters  Department 

oi  Dakota Is. . . . 


■■ 


Colonel. U.  S.  Infantry,  . 

President. 


1st  Lieutenant XT.  S.  Camden, 

Judffe  Advocate. 


Pi ivate. . . • 


Cask  Tlltitl). 


.Infantry. 


When  a  record  is  returned  to  t lie  Court  by  the  reviewing  authority 
for  revision,  the  subsequent  proceedings  thereon  should  be  recorded 

asfol,mvs:  *j 


8 

Revision. 
FORT  SNELLING,  MINN., 

18... 

The  Court  re-convened  with  closed  doors,  pursuant  to  the  follow- 
ing order,  (or  instructions,)  at  10  o'clock  A.  >r.: 
(Here  insert  copy  of  order,  or  instructions. ) 

Present. 
#  #  *  *  * 

Absent. 
***** 

The  communication  from  the  Adjutant  General,  Department  of 

Dakota,  of  date 18 .... ,  (or  memorandum  containing 

the  instructions  to  the  Court,  and  the  reasons  of  the  reviewing 
authority  for  requiring  a  re-consideration  of  the  findings,  or  sen- 
tence, or  correction  of  the  record,)  was  then  read  to  the  Court  by  the 
Judge  Advocate,  and  is  attached  to  the  record  and  marked,  " " 

The  Court  having  carefully  considered  the  whole  of  the  proceed- 
ings and  the  reasons  set  forth  for  revision  : 

a.  Do  now  revoke  their  former  findings,  and  find,  &c,  &c. 

or, 

b.  Do  now  revoke  their  former  sentence,  and  do  sentence,  &c. ,  &c. 

or, 

c.  Do  now  respectfully  adhere  to  their  former  findings  and  sen- 
tence. 

or, 

d.  Do  now  amend  the  record  by,  &c,  &c. 


Colonel U.  8.  Infantry, 

President. 


1st  Lieutenant U.  S.  Cavalry, 

Judge  Advocate. 


GARRISON  COURTS-MARTIAL. 
Ptrbt  Day. 

Proceedings  of  a  Garrison  Court- Martial  held  at  Fort  Ellis,  M.  T. 
pursuant  to  the  following  order: 


9 

HEADQUARTERS  FORT  ELLIS,  M.  T., 

18 

Post  Orders  ) 

No f 

A  Garrison  Court-Martial  will  convene  at  this  Post  on  the 

IS ,  at  10  o'clock  a.  m.,  or  as  soon  thereafter 

as  practicable,  for  the  trial  of  such  prisoners  as  may  properly  be 

brought  before  it. 

Detail  for  the  Court. 

1.  First  Lieutenant  A.  B.,  2d  Cavalry. 

2.  First  Lieutenant  C.  D.,  2d  Cavalry. 

3.  Second  Lieutenant  E.  P.,  2d  Cavalry. 

Second  Lieutenant  G.  II.,  2d  Cavalry,  is  appointed 
Judge  Advocate.* 

By  Order  of 

(Signed) 

1st  Lieutenant  Infantry, 

Post  Adjutant. 
FORT  ELLIS,  M.  T., 

18 

The  Court  met,  pursuant  to  the  foregoing  order,  at o'clock  a.m. 

Present : 

First  Lieutenant  A.  B.,  2d  Cavalry. 

First  Lieutenant  C.  D.,  2d  Cavalry. 

Second  Lieutenant  E.  F.,  2d  Cavalry. 

Second  Lieutenant  G.  II.,  2d  Cavalry,  Judge  Advocate. 

The  Court  then  proceeded  to  the  trial  of  Private 

Company Regiment  U.  S.  Infantry,  who  was  then  brought 

before  the  Court,  and  having  heard  the  order  convening  it  read,  was 
asked  if  he  had  any  objection  to  being  tried  by  any  member  named 
therein;  to  which  he  replied  in  the  negative.  The  members  of  the 
Court  were  then  severally  duly  sworn  by  the  Judge  Advocate,  and 
the  Judge  Advocate  was  then  duly  sworu  by  the  President  of  the 
Court,  all  of  which  oaths  were  administered  in  the  presence  of  the 
accused. 

*Thr  iiru  74tti  Article  <>f  War  gives  authority  to  appoint  a  Judge  Advocate  for 

Garrison  and  Regimental  courts. 


10 

(  The  record  will  be  made  up  in  the  same  general  manner  as  indicated 
for  the  proceedings  of  General  Courts.) 

The  decision  and  orders  of  the  Reviewing  Officer,  confirming,  dis-- 
approving,  or  remitting  the  sentence,  should  follow  immediately 
after  the  signatures  of  the  President  and  Judge  Advocate,  and  be 
6igtied  by  him  and  then  forwarded,  without  delay,  together  with  a. 
copy  of  his  Post  or  Regimental  Order  promulgating  the  proceedings,. 
to  Department  Headquarters,  for  the  supervision  of  luo  Department 
Commander.     [See  paragraph  b'JS  Army  Regulations.) 

GENERAL       INSTRUCTIONS. 

ClIAKGES  AND   SPECIFICATIONS. 

In  preferring  charges,  care  should  he  used  to  specify  the  date  and 
locality  of  the  alleged  offence.  When  doubt  exists,  it  ma}'  be  al- 
leged that  the  act  specified  was  committed  "at  or  near"  a  certain 
place  and  "on  or  about"  a  certain  date.  Before  charges  are  for- 
warded to  Department  Headquarters  for  trial  1))'  a  General  Court, 
Post  Commanders  should  investigate  the  character  and  force  of  the 
testimony  on  which  they  are  based,  .-md  be  assured  that  the  alleged 
facts  can  be  fully  established  ;  and  also,  that  the  offences  charged  are 
of  so  grave  a  nature  that  a  Garrison  Court  cannot  adjudge  a  sufficient 
penalty. 

Charges  should  be  laid  under  the  specific  article  of  war  pertaining 
to  the  offence. 

Charges  cannot  be  legally  preferred  under  the  G2d  Article  of  War 
when  the  offence  committed  is  in  violation  of  an}'  other  article. 

In  an  absence  from  any  appointed  parade,  drill,  or  other  exercise, 
hut  not  from  the  limits  of  the  post,  the  specification  should  usually 
le  charged  under  the  33d  Article  of  War— but  otherwise  under  the 
32d,  and  somct  imes  under  both.  Soldiers  found  drunk  on  any  guard, 
party,  or  other  duty,  after  having  been  actually  placed  on  such  duty', 
and  in  the  ranks,  and  not  until  then  discovered  to  be  drunk,  should 
"be  charged  with  violation  of  the  3Sth  Article  of  War — but  other- 
wise, under  the  (52d  Article,  as  when  unable  to  turn  out  for,  orattend, 
guard-mounting. 

Charges  laid  under  Articles  of  War  which  prescribe  possible  cap- 
ital punishment,  such  as  Ihe  21st  or  3!>th  Articles,  are  not  properly 
cognizable  by  a  Garrison  or  Regimental  Court,  nor  should  degrading 


11 

crimes— like  theft,  to  the  prejudice  of  good  order,  &c—  he  tried  be- 

■  fore  such  tribunals!  In  preparing  several  specifications  under  a 
charge,  the  date  and  place  of  the  alleged  offence  should  be  set  foifttt 
in  each,  and  not  merely  in  the  final  specification. 

A  charge  of  "Violation  of  the  62d  Article  of  War,"  is  bad.     Any 

■  of  the"  crimes,  disorders  and  neglects,  not  mentioned  in  other  artic- 
les," should  be  Charged  as  "  Conduct  to  the  prejudice  of  good  order  aud 
luiht.  ry  discipline," 

Arraignment. 

The  following  is  the  form  of  arraignment:  The  accused  standing, 
the  charge  and  specifications,  should  be  read  to  him  by  the  Judge 
Advocate,  who  then  should  say  : 

"  You  hive  beard  the  charge  and  specifications  preferred  against 
.  you. 

What  say  you  to  the  (1st)  specification— guilty,  or  not  guilty? 

What  say  you  to  the  charge— guilty  or  not  guilty?" 

The  pleading  should  be  to  the  specifications  in  their  order,  and 
lastly  to  the  charge.     (See  S9th  Article  of  War.) 

Evidence. 

When  the  accused   has  entered   a  plea  in  bar  of  trial,  the   Coyrt 
.  should,   if  the  plea  is  prima  facie  tenable,  receive  evidence  of  the 
l   facts  therein  stated,  and  if  the  plea  be  found  valid,  should  postpone 
further  consideration  of  the  case  and  report  its  decision  to  the  con- 
vening authority. 

When  the  accused  has  plead  guilty,  and,  with  no  evidence  taken, 
has   made  a   statement    to  the   Court  inconsistent  with  his  plea,  the 
statement  and  plea  should  be  considered  together,  and  if  guilt  is  not 
conclusively  admitted,  the  Court  should  direct  the  entry  of  a  plea  o 
not  guilty  and  proceed  with  the  trial  on  its  merits. 

In  all  cases  subject  to  a  discretionary  punishment,  a  full  know- 
ledge of  the  circumstances  attending  the  olVcnse  is  essential  for  the 
information  of  t  lie  reviewing  authority,  and  to  an  enlightened  exercise 
of  the  discretion  of  the  Court  in  measuring  the  punishment — except 
where  the  specification  issodescriptive,  as  to  disclose  all  the  circum- 
stances of  mitigation  or  aggravation  which  accompanied  the 
offense. 

When  the  Court  takes  evidence  after  a  plea  of  "guilty,'.'  the 
accused    may   MOSS -examine    the   witnesses,    and    he    may    produce 


12 

evidence  to  rebut  their  testimony,  and  evidence  as  to  character,  and 
may  address  the  Court  in  extenuation  of  the  offense  or  in  mitigation 
of  punishment. 

The  best  attainable  evidence  should  always  be  adduced,  and  should 
be  confined  to  the  allegations  at  issue. 

Hearsay  testimony  is  inadmissible;  as  also  are  opinion*  of  wit- 
nesses, except  upon  questions  where  wilnesses  are  called  to  testify 
as  experts,  and  the  fact  that  they  are  such,  clearly  shown. 

In  allegations  of  drunkenness,  witnesses,  in  other  respects  com- 
petent, can  give  their  opinion  and  belief  as  to  the  state  of  sobriety 
of  t he  accused  at  the  times  specified. 

Documentary  evidence  is  only  admissible  when  its  authenticity  has 
been  established  by  sworn  testimony,  or  under  the  seal  of  a  court  of 
record. 

When  original  documents  are  introduced,  and  are  of  such  a  cha- 
racter that  the  originals  cannot  lie  retained,  copies,  certiiied  as  cor- 
rect by  the  Judge  Advocate,  may  be  attached  to  the  record. 

When  transcripts  from  the  records  of  any  of  the  Executive  Depart- 
ments of  the  Government  are  used,  they  should  lie  certified  to  by  the 
chief  officer  of  the  bureau  in  which  the  originals  are  riled,  and  the 
authenticity  of  the  certification  verified  under  the  seal  of  the  Depart- 
ment, b)'  the  Secretary  thereof. 

The  entry  on  the  descriptive  list  of  a  soldier,  that  he  has  deserted, 
is  not  proof  of  the  offense,  but  merely  evidence  that  he  has  been 
charged  with  its  commission. 

Courts- .Martial  are  governed  by  the  Common  Law  Rules  of 
Evidence,  except  where  such  rules  have  been  modified  by  Acts  of 
Congress. 

As  members  of  Courts-Martial  cannot,  however,  be  expected  to  be 
familiar  with  all  the  rules  governing  the  admission  of  testimony,  it 
is  at  all  times  advisable  to  permit  the  accused  party  the  utmost  lati- 
tude in  submitting  his  defence,  though  not,  of  course,  to  the  extent 
of  permitting  heresay  testimony  to  be  introduced.  (  See  General  Court- 
Martial  Order*  No.  32,  War  Department,  October  31,  1872.) 

Examination  of  Witnesses. 

After  a  witness  has  been  sworn,  the  first  question  should  be  as  to 
his  own  name  and  rank,  and  the  second  so  framed  as  to  elicit  an 
answer  embracing  the  recognition  of  the  accused,  including  rank, 
company,  regiment,  &c.     The  third  in  such  form  that  the  answer 


13 

may  show  that  the  witness  has  been  so  placed  as  to  have  knowledge 
of  the  circumstances  set  forth  in  the  pleadings.  The  fourth  and 
subsequent  interrogatories  to  he  framed  so  as  to  elicit  all  the  facts 
material  to  the  nutter  at  issue.  Care  should  lie  taken  in  the  direct 
examination  to  prove,  as  nearly  as  possible,  t lie  averments  of  time 
and  place  laid  down  in  the  specifications. 

Leading  questions,  or  such  as,  from  their  construction,  plainly 
suggest  to  the  witness  the  desired  answer,  are  not  admissible  in  an 
examination -in-chief. 

Tins  rule,  however,  admits  of  exceptions.  As,  for  instance,  when 
a  witmss  appeal's  to  be  hostile  to  the  party  who  produces  him;  when 
he  is  unwilling  to  give  his  testimony,  or  where,  from  the  situation 
of  the  witness  as  regards  the  case,  his  interest  is  adverse  to  the  party 
calling  him.  In  all  these  cases  leading  questions  may  be  put  in  the 
direct  examination.  Leading  questions  may  be  addressed  to  a  wit- 
ness in  cross  examination  in  all  cases,  with  a  single  exception. 
"When  a  witness  undergoing  cross-examination,  manifests  unmis- 
takeable  hostility  to  the  parly  who  produces  him,  or  bias  in  favor  of 
the  party  cross-examining  him,  the  Court  may  prohibit  leading  ques- 
tions. 

In  the  trial  of  a  case,  the  Court  should  usually  defer  questioning 
a  witness  until  after  his  examination  by  the  Judge  Advocate  and 
the  accused,  has  been  completed.  Such  questions  should  be  for 
the  purpose  of  clearing  doubts  in  the  minds  of  members,  or  of  recon- 
ciling discrepancies. 

The  cross-examination  should  be  confined  to  testimony  elicited  in 
the  examination-in-chief,  and  not  run  into  a  general  defense  involv- 
ing new  matter.  When  facts  are  to  be  elicited  from  witnesses  for 
the  prosecution,  advantageous  to  the  accused,  such  witnesses  can  be 
recalled  by  the  defense  for  that  purpose. 

Re-examination  is  only  for  the  purpose  ol  explaining  any  new 
facts  that  may  come  out  in  the  cross-examination,  and  should,  as  a 
general  rule,  be  confined  to  this. 

Witnesses  may  be  recalled  by  the  Court  at  any  stage  in  the  pro- 
ceedings, lor  such  examination  as  may  be  deemed  necessary,  in  which 
case  both  parties  must  be  present.  The  Court  may  also  call  before 
it,  witnesses  not  summoned  by  either  the  prosecution  or  defense. 

Alter  a  witness  has  given  his  evidence  in  full,  it  should  he  read 
over  to  him,  that  he  ma}'  see  whether  it  has  been  recorded  as  ho 
gave  it,  and  that  he  may  make  corrections,  if  necessary. 


14 

- 

If  u  witness  desires  to  make  corrections  after  hearing  his  testimony 
.  read,  his  statement  in  explanation  should  he  recorded — changes  in 
the  testimony  as  originally  given  should  not  he  permitted — as  thereby 
the  benefit  derived  from  cross-examination  might  be  lost. 

Findings. 

When  the  proof  adduced  sustains  the  pleadings  in  a  partial  form 

only,  the  Court  should  acquit  of  the  unproven  portion   in   express 

terms ;  and  where  the  alleged  date  and  place  of  offence  is  found  to 

be  erroneous,  the  proper  corrections  should  be  made  in  the  findings. 

A  Court  cannot  in  its  finding,  legally  substitute  a  finding  under 

the  62d  Article  of  War  for  any  other — when  the  specification  and 

testimony  sustain  the  particular  article  under  which  the  specification 

is  laid. 

It  is  only  when  the  proof  under  the  specification  does  not  sustain 

.  the  charge,  that   the  Court   may,  in   its   discretion,  substitute   the 

;  charge  of  "  Conduct  to  the  prejudice  of  good  order  and  military  dis- 

.  cipline." 

Sentence. 

The  following  numbered  Articles  of  War  are  mandatory  as  to  the 
I  Bentence  to  be  adjudged  for  their  violation ;  Articles  (5,  8,  13,  14,  15, 
17,  18,  26,  38,  57,  61,  65,  and  section  1343,  Revised  Statutes.  Any 
other  than  the  prescribed  sentence  would  be  illegal. 

The  legal  punishment  which  may  be  inflicted  by  sentence  of  a 
Court-Martial  will  be  found  under  paragraph  895,  Army  Regulations. 

In  cases  of  acquittal,  and  those  in  which  tlie  sentences  adjudge  for- 
feiture only,  the  President  of  the  Court  will  in  writing  notify  the 
Commanding  Officer  of  the  prisoner,  that  there  is  no  longer  any 
necessity  for  keeping  the  man  in  confinement.  (See  Department 
General  Orders  No.  18,  October  4,  1878,  and  paragraph  2,  Department 
General  Orders  No.  10,  August  1,  1879.) 

Recokd. 

All  orders  which  have  been  issued,  modifying  the  detail  of  a  Court, 
after  its  original  organization,  should  be  included  in  the  record  of 
every  case. 

The  entire  proceedings  of  the  Court  in  each  case  should  be  fully 
set  forth  in  the  record.  All  orders,  motions,  or  rulings  of  the  Court 
itself — all  motions,  propositions,  objections,  arguments,  statements, 
&c,  of  the  Judge  Advocate  and  the  accused — the  entire  testimony 


or  each  witness,  given  in  his  own  language — and,   indeed,   every 
feature  of  the  proceedings  material  to  a  complete  history  of  the  case, 
and  to  a  correct  understanding  of  every  point  of  the  same  by  the' 
reviewing  authority— should  be  recorded  at  length. 

The  record  of  proceedings,  and  the  final  defense  of  the  accused, 
should  lie  written  upon  Legal  Cap  paper  of  uniform  size. 

The  proceedings  in  each  completed  case  should  be  immediately 
signed  by  the  President  and  Judge  Advocate. 

Recommendations  to  clemency  shou  d  not  be  placed  in  connection 
with  the  sentence,  but  should  be  appended  to  the  record. 

All  documentary  evidence  submitted  to  the  Court  must  be  at- 
tached to  the  record,  lettered  in  the  order  of  submission,  as  "  A,"r 
"B,"tfcc. 

.  The  hour  at  which  the  Court  meets  and  adjourns  each  day  should 
be  stated  in  the  record,  in  order  that  it  miy  be  determined  by  the  re- 
viewing authority,  whether  the  Court  sit  during  leg  d  hours,  and  the' 
record  of  the  close  of  each  day's  proceedings  authenticated  by  the 
sign  Lture  of  the  Judge  Advocate. 

The  record  should  show  that  the  accused  had  an  opportunity 
offered  him  to  cross-examine  the  witnesses  for  the  prosecution. 

When  an  interpreter  is  necessary,  the  record  must  show  that  he 
was  duly  sworn,  in  open  C  mil,  to  faithfully  perform  such  duties. 

If  a  reporter  or  clerk  is  appointed  by  proper  authority,  according 
to  existing  law  and  orders,  t he  record  must  show  that  he  was  duly 
sworn  in  open  Court  and  in  the  presence  of  the  accused,  faithfully 
to  perforin  his  duty  and  record  the  proceedings  of,  and  testimony  to 
be  taken,  before  the  Court,  in  the  particular  case.  ' 

The.  attention  of  Courts-Martial  is  invited,  in  this  connection,  to 
the  published  decisions  of  the  Judge  Advocate  General  of  the  Army, 
under  the  title  of  '*  Court- Martial — Finding — and  Record." 

In  forwarding  records  of  trial  to  Department  Headquarters,  Judge 
Advocates  of  General  Courts- Martial  will  accompany  them  with  the 
•original  charges  upon  which  trial  was  had.  (See  General  Orders  JVtf. 
75,  Department  of  DaJcuta,  J¥ov.  14,  lbll  ) 

Witnesses. 

To  secure  the  attendance  of  necessary  and  material  witnesses  be- 
fore a  General  Court-Martial,  the  Judge  Advocate  should  usually 
proceed  as  follows  : 

1st.     If  the  witness  is  an  enlisted  man,  and  stationed  in  the  par- 


16 

ticular  Department,  the  summons  should  be  addressed  to  his  Post 
Commander,  by  whom  an  order  should  then  be  issued  for  compliance 
therewith. 

2d  If  the  desired  witness  is  an  officer  so  stationed,  the  summons 
Bhould  be  sent  to  him  through  his  Post  Commander,  by  whom  an 
order  should  also  be  issued  to  enable  him  to  attend,  but  in  military 
emergencies,  the  Post  Commander  may,  in  either  of  these  cases,  first 
refer  the  matter  to  Department  Headquarters. 

3d.  The  testimony  of  military  witnesses  without  the  particular 
Department  should,  except  in  capital  cases,  he  taken  by  deposition, 
unless  the  Judge  x\dvocatc  is  prepared  to  certify  that  "under  the 
peculiar  circumstances  of  the  case,  and  to  administer  justice,  it  is 
not  practicable  to  take  the  desired  testimony  by  deposition  under  the 
91st  Article  of  War."  In  such  case,  the  summons  and  application 
of  the  Judge  Advocate  thus  certified  will  be  sent  through  Depart- 
ment Headquarters. 

4th.  The  testimony  of  citizens  residing  beyond  the  limits  of  the 
State  or  Territory  where  a  court  is  convened,  should,  except  in  capital 
cases,  be  taken  by  deposition  when  practicable,  to  save  expense  to 
the  Government. 

In  order  to  subpcena  a  citizen  witness,  it  must  be  made  to  appear 
to  the  satisfaction  of  the  Court,  that  his  testimony  is  "  material  and 
necessary,"  and  the  fact  entered  on  the  record.* 

Duplicate  subpienas  should  then  be  sent  to  the  nearest  Post  Com- 
mander for  service,  if  the  witness  resides  within  the  Department,  or 
else  to  Department  Headquarters,  unless  otherwise  specially  directed 
by  the  Department  Commander. 

Service  is  made,  under  the  laws  of  the  United  States,  by  deliver- 
ing the  subpoena  to  the  witness,  and  proof  of  service,  by  returning 
the  duplicate  original  to  the  Judge  Advocate,  with  an  affidavit  en- 
dorsed, to  the  effect,  that  on  such  a  day,  date,  and  place,  the  affiant 

*It  usually  happens  that  a  Judge  Advocate  receives  the  "charge  and  specifics* 
tions,"  (which  stand  in  place  of  an  indictment  in  the  Civil  Courts.)  prior  to  the 
assembling  of  the  Court:  and  that,  to  prevent  delay  in  the  trial,  it  becomes  neces- 
sary to  summon  or  subpoena  the  military  or  civilian  witnesses,  whose  names  are 
attached. 

In  such  case  the  subpoena  (in  duplicate)  for  the  citizen  witness  may  be  issued, 
pro  foima,  as  above  indicated— Without,  of  necessity,  waiting  for  the  Court  to  as- 
semble; but  in  the  event  of  the  witness  not  Obeying  it,  the  Judge  Advocate,  upon 
moving  for  a  writ  of  attachment,  must  show  to  the  Court  additionally,  and  have 
It  entered  on  the  record— "Ma;  the  witnas  is  a  material  and  neressary  one." 


17 

person,  tlh/  servedthe  within  named  witness,  by  delivering  to  him,  a 
subpoena,  of  which  the  within  is  a  complete  copy. 

Such  affidavit  can  he  taken  in  the  manner  provided  by  paragraph 
1031,  Army  Regulations. 

Any  person,  instructed  by  the  Judge  Advocate  or  Post  Commander, 
can  serve  the  subpoena ;  but  service  by  mail  is  not  a  legal  service. 

Should  the  witness  fail  to  appear  on  due  and  reasonable  notice, 
the  .Indue  Advocate  lias,  by  the  provisions  of  section  12<»2,  Revised 
Statutes,  power  to  issue  like  process,  to  compel  any  witness  to  appear 
and  testify,  as  the  Courts  of  criminal  jurisdiction  within  the  State, 
Territory  or  District  where  such  Court  may  lie  convened.  This 
power  includes  also  the  power  to  execute  such  process  through  some 
officer,  who  shall  lie  specially  charged  with  its  execution.  (12  Vol. 
Opinions  I'.  8.  Attorney*  General,  <>f  L868,  p.  581.) 

The  .Indue  Advocate  should,  therefore,  present  and  have  attached 
to  the  record, and  therein  noted,  the  duplicate  subpoen;i  and  affidavit 
of  service,  and  formally  move  t lie  Court  for  a  writ  of  attachment 
against  the  contumacious  witness. 

If  the  motion  is  granted,  the  record  should  show  it ;  and  the  Judge 
Advocate  should  then  apply  to  the  Department  Commander  for  the 
name  of  some  military  officer  to  serve  the  process,  and  formally 
direct  the  writ  of  attachment  to  him,  and  attach  thereto  a  certified 
copy  of  the  order  conveningthe  Court, and  copies  also  of  the  original 
subpoena  and  charges  and  specifications.  The  Post  Commander  will 
thereupon  furnish  the  officer  a  sufficient  force  for  the  execution  of 
the  process*  whenever  such  force  shall  he  actually  required. 


♦Tin-  Following  forma  should  tic  used  : 

(Subpana  ) 

General  Court-Martial  Rooms. 

(Station  of  Court.) 

THE  PRESIDENT  OP  THE  UNITED  STATES  OF  AMERICA: 
Tof 


<  i  K  KKTINO  : 

Pursuant  to  the  provisions  of  Section  1208,  Revised  Statutes  of  the  tinted 
stales,  you  are  hereby  required  to  be  and  appear,  in  your  own  proper  person,  on 

the day  of 18...,  at  ...o'clock  in  tin-  noon,  before   a 

General  Courl-Martlal  of  the  United  States,  convened  at  said  

by  virtue  ,,i  Special  Orders  Number  ..  ,  of  18. ...,  from  the  Headquarters  of  the 

Department  of .totestifj  and  give  evidence  :iii  thai  you  may  know 

concerning  the  pending  case  then  and  there  to  be  tried,  of  the  United  states 


IS 

If  the  witness  resides  without  the  limits  of  the  Department,  the 
Judge  Advocate  should  transmit  the  writ  of  attachment,  with  its. 
annexed  certified  copies  of  orders  convening  Court,  subpoena,  and 
charges,  to  these  Headquarters,  properly  signed  and  tilled  in,  except 
as  to  the  name  of  the  olticer  who  may  be  subsequently  designated  to 
serve  the  writ. 

versus /accused  of under  the  laws  of 

the  United  States,  and  have  yon  then  and  there  this  precept. 

Witness  :  (  Same  of  Presiding  Offlier.)    President  of  said  Court, 

this    day  of is 

( Xame)     

(Rank) 

(f  Insert  name  and  address  of  witness.)  Judge  Advocate. 


(Process  of  Attachment  ) 
THE  PRESIDENT  OF  Tar.  UNITED  S  i'ATES  OF  AMERICA: 
To 


Stationed  at 

Greeting  , 
Whereas,  a  General  Court-Martial  of  the  United  States  was  duly  convened  at 

on  the    ...  day  of 18 , 

pursuant  to  Special  Ordeis  No of is ,  from  Headquarters 

a  copy  of  which  said  order  is  hereto  annexed 

marked  "  A,"  and  Whereas,  on  the day  of 18....,  at    . . ... 

me  said  General  Court-Martial  having  been  first  duly  sworn 

.of  the  United  States  Army,  was  duly  arraigned  and 

his  trial  pioceeded  with  on  a  certain  charge,  instituted  at  the  prosecution  of  the 

United  States,  for  the  offense  of  under  the  laws  of  the  United 

States,  a  copy  of  which  is  hereto  annexed,  marked  "R,"  and  Whereas,  one* 

,  of  in  the 

was,  on  the day  of IS.  .^per- 
sonally served  with  a  subpoena  (a  duplicate  of  which  is  hereto  annexed,  marked 
"C,")  directing  him  to  appear  and  testify  in  said  cause  at  the  time  and  place 

therein  commanded;  and  Whereas,  the  said" did,  on  the...  day 

of  18 ,  fail  and  negiect  to  appear  before  said  Court  or  testify  in 

said  cause,  as  required  by  said  subpoena,  and  still  fails  and  neglects  to  appea;  or 
testify  in  said  cause,  he  being  a  necessary  and  material  witness  theiein,  and  no 
just  excuse  has  beeu  offered  for  such  neglect: 

.  Now  THEREFORE,  under  and  by  virtue  of  the  provisions  of  the  l','02d  section  of 
pie  Revised  Statutes  of  the  United  states,  yon  are  hereby  commanded  that  yjou 

take  the  said" wherever  he  may  be  found  within  the  United 

States,  and  him  safely  keep,  and  bring  you  his  body  without  delay  before  the  said 

General  Court-Martial  convened  at  said  Fort        and  of  which 

United  States  Army,  is  i  resident,  at  the  Court  Room  thereof  on 

the  —  day  of ,18....,  at o'clock  in  the  forenoon,  at  the  opening 

of  said  Court,  to  then  and  there  test  if  \  in  the  said  cause  of  the  United  states  ver- 


(1 


in 

In  executing  such  process,  it  is  lawful  to  use  only  just  the  neces- 
sary amount  of  force  to  bring  the  witness  according  'o  its  tenor. 

If,  in  executing  this  legal  process,  the  officer  should  be  served 
v  iili  a  writ  of  habeas  corpus  from  any  State  Court  (or  btate  Judge)  for 
the  production  of  the  witness,  it  will  he  his  duty  to  endorse  and  re- 
turn such  writ,  respectfully  informing  the  Court  (or  Judge)  that  "  he 
"holds  the  within  named  prisoner  pursuant  to  the  writ  of  amen- 
dment, of  which  a  copy,  with  accompanying  orders  convening 
"  Court,  subpoena,  and  charges,  are  annexed,  and  that  he  is  dili- 
"  gently  and  in  good  faith  engaged  in  executing  said  writ  of  at- 
"  tachment  according  to  its  commands.  That  he  respectfully, 
u  submits  for  the  inspection  of  the  Court,    (or  Judge)    the  original 

process  under  which  he  is  acting:  hut,  that  as  he  holds  the  pris- 
f'oner  under  and  by  color  of  the  authority  of  the  United  States, 
" respectfully  denies  the  jurisdiction  of  the  Honorable  Court,  (or 
"Judge)  to  proceed  further  in  the  premises,  but  requests  the  dis- 
"missalof  the  writ  of  habeas  corpus  for  such  cause,  and  invites 
"attention  to  the  decisions  of  the  Supreme  Court  of  the  United 
"  States  on  this  subject." 

(  Vide  :  Ableman  vs.  Booth,  21,  Howard's  U.  S.  lop.  p.  506,) 

(  Vidi  :     l\  S.  vs.   Tarble,  13  Wallace's  U.  8.  Rep.  p.  oT.7,) 

promulgated  in  General  Orders  No.  16,    War  Department,  Adjutant 

0'  nr r<d' s  Office,  1*72.) 

The  olbcer  is  not  required  to  produce  the  prisoner  before  such 
StaU  Court,  (or  StaU  Judge)  neither  should  he  permit  him  to  be  taken 
from  his  custody. 

When  the  writ  of  habeas  corpus  is  issued  from  a  United  States 
Court,  or  by  a  United  States  Judge,  it  must  be  implicitly  obeyed  and 


n'* ,  now  depending,  and  then  ami  there  to  tie  continued 

End  tried. 
And  have^yon  then  and  there  tins  writ. 

r.v  Order  or  the  Codet. 

In  witness  whbreof,  I.  as  Judge  Advocate  of  said  Court,  duly  appointed  and 

■worn,  have  hereunto  Bet  my  hand  and  scat,  at  Fort  this 

da.  ..i IS 


(\nine) 

:  Seal. 


(Rank) 

Judge  Advwate. 

("Insert  nuim  <>/  "  ntumm  tovs  wiln 


20 

the  prisoner  produced  with  the  orders  or  process  under  which  he  may 
be  held. 

5th.  Depositions  of  witnesses  cannot  lie  taken  nor  read  in  evi- 
dence where  military  offenders  are  charged  with  t lie  violation  of  an 
Article  of  War,  the  penalty  for  which,  may  be  death. 

In  time  of  peace  the  crime  of  desertion  is  not  a  capital  one. 

In  order  to  ascertain  as  to  the  competency  of  a  witness,  the  oppo- 
site party,  whether  Judge  Advocate  or  accused,  is  cut  [tied,  on  request, 
to  examine  him  upon  the  subject  before  he  is  examined  in  chief. 

This  is  termed  an  examinitaion  on  the  voir  dire;  but  if  the  incom- 
petency appear  at  any  period  during  the  trial,  the  Court  will  give 
the  opposite  party  the  benefit  of  it,  by  ruling,  on  motion,  not  to  con- 
sider the  testimony  of  the  witness. 

His  competency,  when  thus  impeached  on  the  voir  dire,  may  how- 
ever he  restored  by  cross  examination,  by  the  party  calling  him,  or  by 
introducing  other  evidence  thereto. 

All  this  must  become  matter  of  record. 

The  following  oath  should  be  used  on  the  voir  dire  : 

"  You  do  solemnly  swear  that  you  will  true  answers  make  to  such  '/"<  81 

lions  us  may  be  here  put  to  you,  touching  your  competency  to  nerve  as  a 
witness,  in  this  cause.     £k>  help  you  (Jod." 


"The  duties  devolved  upon  officers  appointed  to  sit  as  members  of 
Courts-Martial,  are  of  the  most  grave  and  important  character,  and 
that  these  duties  may  be  discharged  with  justice  and  propriety,  it  is 
incumbent  on  all  officers  to  apply  themselves  diligently  to  the  ac- 
quirement of  a  competent  knowledge  of  Military  Law,  and  to  make 
themselves  perfectly  acquainted  with  all  orders  and  regulations,  and 
with  the  practice  of  Military  Courts."  (Order  JS'<>.  23,  A.  G.  0., 
MayS,  1830.) 


FORMS  OF  PLEADINGS  IN  CASES  OF  ENLISTED  MEN. 


Charge  and   Specification  Preferred  against  Private  A. —  B. — , 
Company ,  ....Regiment  U.  S.  Cavalry. 

CHARGE.—"  Violation  of  the  16th  Article  of  War." 
Specification. — "  In  that  he,  Private  A. —  7?. — ,  Company. . . .,    .... 
Regiment  U.  S.  Cavalry,  did  sell  a  certain  quantity  of  aimnu- 


21 

nition  delivered  out  to  him  for  use,  valued  at 

This  at on  or  about  the day  of 

IS...." 

(Or  the  specification  should  allege  that  the  accused  "did  willfully 
waste,'"  or  "did  through  neglect  waste,"  &c,  as  the  facts  in  the 
case  may  be.  It  should  not  he  alleged  in  a  specification,  that  the 
accused  did  sell,  or  willfully,  or  through  neglect  waste,  &c.  This 
remark  applies  to  specifications  laid  under  all  Articles  of  War,  which 
describe  several  distinct  offences.) 

Charge.— "  Violation  of  the  17th  Article  of  War." 

Specification,.—"  In  that  he,  Private  A. —  7?.—,  Company ,    

Regiment  U.  S.  Cavalry,  did,  through  neglect,  lose  the  gov- 
ernment horse  which  had  been  entrusted  to  his  care; 

or, 
did,  through  neglect,  spoil  the  government  horse,  &c; 

or, 

did,  through  neglect,  lose  the  clothing  (or  arms,  or  accoutre- 
ments) which  had  been  issued  to  him.     This  at 

on  or  about  the day  of 18. . . ." 

CHARGE.—"  Violation  of  the  21st  Article  of  War." 

Specification. — "  In  that  he,  Private  A — B. — ,  Company ,    

Regiment  U.  S.  Cavalry,  did,  with  his  fist,  strike  his  superior 

officer,  Lieutenant  0. —  D. — ,   Regiment  U.  S.  Cavalry, 

the  said  Lieutenaut  C—  D. —  being  at  the  lime  in  the  execu- 
tion of  his  office ; 

or, 

did  draw  a  revolver  and  threaten  to  shoot,  etc.; 

or, 
did   lift   up   a   sword   (or  musket,  or  club)   and  threaten  to 

strike,  etc.; 

or, 
having  been  commanded  by  his  superior  officer,  Lieutenant 

C. —  D. — ,  Regiment  U.  S.  Cavalry,  in  the  execution  of 

his  office,  to did  disobey  said 

order.     This  at ,  ou  or  about  the. . .  .day  of 

IS...." 

Chakok.—"  Violation  of  the  22d  Article  of  War." 


22 

Specification. — "  In  that  he,  Private  .1. —  B. — ,  Company   .  .  .,    

Regiment  U.  S.  Cavalry,  did  begin  (or  excite,  or  cause)  a 
mutiny  against  lawful  military  authority,  by  [here  set  forth 
the  acta  of  the  accused); 

or, 
did  join  with  Privates  E. —  F. — ,    0. —  //. —  and  /. —  K. — , 
all  of  t  oinpany . . . . ,   ....  kcginient  U.  S.  Cavalry,  in  a  mutiny 
against  lawful  military  authority,  and  did,  (here  set  forth  the 

acta  of  tlie  accused).     This  at on  or 

about  the   dav  of IS. . .." 


Charge.— "  Violation  of  the  32d  Article  of  War." 

Specif  cation. — "In   that    he,    Private   .1. — />. — ,  Company 

Regiment  U.  IS.  Cavalry,  did  absent  himself  from  his  detach- 
ment, without  leave  from  his  Commanding  Oflicer,  from 

,  until This  at 

,  on  or  about  the day  of ,  IS.  . .." 


Chakge.—"  Violation  of  the  33d  Article  of  War." 

Specification. — •'  In  that  he,  Private  A. — B. — ,  Company ,  .... 

Regiment  U.  S.  Cavalry,  did  fail  to  repair  to  the  place  ap- 
pointed by  bis  Commanding  Officer  for  dress  parade,  (or  other 
rendezvous,)  not  having  been  prevented  by  sickness   or  other 

necessity,  nor  excused  by  proper  authority.     This  at 

on  or  about  the day  of ,  18.  . .." 


Charge.— "  Violation  of  the  3bth  Article  of  War." 

Specification. — "  In  that  he,  Private  A. — B. — ,  Company , 

Regiment  U.  S.  Cavalry,  having  been  regularly  mounted,  and 
on  duty  as  a  member  of   the   post   guard,   was   found   drunk, 

or, 

being  on  duty  with  a  detachment  escorting  Major 

,   a   Paymaster  in   the  U.  S.  Arm}',   was   found 

drunk.     This  at ,  on  or  about  the day  of 

IS " 


CHARGE.— "  Violation  of  the  39th  Article  of  War." 
Specification. — "In  this,  that  he,  Private  .1. — B. — ,  Company 


23 

Regiment  U.  S.  Infantry,  having  been  regularly  posted 

as  a  sentinel  on  post  N ,  was  found  asleep  on  his  post, 

or, 
did  leave   his  post  without   having  been  regularly   relieved. 
This  at on  or  about  tlie day  of 

,18 " 


CHARGE.— "  Violation  of  the  40th  Article  of  War." 

Specification. — "In  that  lie,   Private    A. — B. — ,  Company. .. ,,    

Regiment  U.  8.  Infantry,  having  been  regularly  mounted  as 
a  member  of  the  post  guard,  did  quit  his  guard  without  leave 
from  his  superior  officer,  and  without  urgent  necessity, 

or, 

did  quit  his  platoon  or  division.     This  at ,  on 

or  about  the da}-  of ,  18 " 


Charge. — "  Desertion." 

Specification. — "  In  that  he,  Private  A  —  B. — ,  Company ,   .... 

Regiment  U.  8.  Infantry,  having  been  duly  enlisted  as  a  sol? 

dier  in  the  service  of  the  United  States,  at on 

the    day  of IS ,  did  desert  said 

service,  on  or  about  the day  of 18. . . ., 

at  or  near ,  and  did  remain  absent  ira 

desertion  until  he  was  apprehended  (or  "surrendered  himself") 
at on  the day  of IS...." 


Ciiahge.— "  Violation  of  the  60th  Article  of  War." 

Specification. — "In  this,  that  he,  Private  A. —  B. — ,  Company.' , 

.  . .  .Regiment  U.  S.  Cavalry,  did  steal  one  horse,  of  the  value 

of ,  the  property  of  the  United  States, 

and  furnished  for  use  in  the  military  service  thereof.  This  at 
. . . ,  on  or  about  the day  of 

1C  t) 

....•••• Io .  .  .  . 

or, 

In  this,  that   he,  Private  A. —  B. — ,  Company ,   

Regiment  U.  S.  Cavalry,  did  steal  the  following  described 
property  of  the  United  States,  furnished  for  use  in  the  military 
service  thereof.      (/Arc  net  forth  an  iinni-ed  description  of  the 


24 

property  alleged  to  be  stolen.)    This  at ,  on  or 

about  the dav  of 18. . . ." 


Change. — "  Conduct  to  the  prejudice  of  good  order  and  military  dis- 
cipline." 

Specification. — "  In  that  he,  Private  A. —  B. — ,  Company.    . . .,    

Regiment  U.  S.  Cavalry,  having  been  ordered  by  his  superior 

non-commissioned  officer, ,  the 

said  non-commissioned  officer  being  at  the  time  in  the  execu- 
tion of  his  office,  to ,  did 

willfully  disobey  said  order.     This  at on  or 

about  the day  of IS .... " 


(Atcticle  62. — All  crimes  not  capital,  and  all  disorders  and  neglects, 
which  officers  and  soldiers  may  be  guilty  of,  to  the  prejudice  of 
good  order  and  military  discipline,  though  not  mentioned  in  the  fore- 
going articles  of  war,  are  to  be  taken  cognizance  of  by  a  general,  or 
a  regimental,  garrison  or  field  officers'  court-martial,  according  to 
the  nature  and  degree  of  the  offense,  and  punished  at  the  discretion 
of  such  court.) 


The  foregoing  forms,  applicable  to  a  majority  of  the  cases  brought 
before  Courts-Martial,  afford,  it  is  believed,  a  basis  for  all  pleadings 
under  the  Aiticles  of  War.  It  is  to  be  borne  in  mind,  that  the 
offense  charged,  must  be  described  in  accurate  language,  "suffi- 
ciently clear  to  inform  the  accused  of  the  military  offense  for  which 
he  is  to  be  tried,  and  to  enable  lam  to  prepare  his  defense." 
(Attorney  General  Wirt,  1  opinions,  286.) 

By  Command  op  Bkigadieu  Genekal  Teuky: 


GEO.    1>.    HAGGLES, 

Assistant  Adjutant  General. 
official: 


Major  and  Judge  Advocate,  U.  8.  Army. 


Cjaxflord  === 

PAMPHLET  BINDER 
Syracuse,  N.  Y. 
Stockton,  Calif. 


^  SOUTHERN  REGIONAL  LIBRARY  FACI 


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